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STATE v. RIVERA

A-11 September Term 2010, 065943

16 A.3d 352 (2011)

205 N.J. 472

STATE of New Jersey, Plaintiff-Respondent, v. William E. RIVERA, a/k/a Juan Rivera, Defendant-Appellant.

Supreme Court of New Jersey.

Decided April 26, 2011.

Attorney(s) appearing for the Case

Lon C. Taylor , Assistant Deputy Public Defender, argued the cause for appellant ( Yvonne Smith Segars , Public Defender, attorney).

Sara B. Liebman , Assistant Prosecutor, argued the cause for respondent ( Theodore J. Romankow , Union County Prosecutor, attorney).

Michael A. Baldassare and Jennifer Mara , Newark, submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

Defendant William E. Rivera was convicted of the gruesome mutilation murder of his wife and the desecration of her remains. He did not deny killing his wife; his defense was that he was insane, and therefore should not be held culpable for his actions.

At trial, defendant did not give notice of an intent to rely on diminished capacity as a defense and did not request that the

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